Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-09-27
AN IMPORTANT CASE

Decided In the United States District
Court, Yesterday Afternoon.
In the United States District Court, yes
terday, in the case Of Joseph Dufner V.
| Daniel D. T. Farnsworth and others, the
somewhat famous Upshur county land
| controversy, a decree was made in favor OF
plaintiff, and apportioning the liability
among the defendants. The contract
made between the parties which led to this
suit, was made on the Oath day of April,
1888, and was supplemented on the
18th day of May, in the same year, by
a deed for the land in question, which EN-
braced 40, OGO acres. The parties of the first
part to the deed were eighteen IN number,
most of them being hereinafter named,
while the purchasers were Charles, Joseph
and Mathew Dutfner, OF Cleveland. When
the purchasers came to take possession OF
the land, it was found that worth
and the others had no legal title, and there
was a hitch. The DuffneIs had paid their
money, aud in lieu Of either 1t or the land
they brought suit to recover their cash.
The decree entered yesterday recltes
that the defendants now before the Court
are liable for the amounts Of money paid
by the plaintiff under the above contract
in proportion to the respective interests
claimed by them in the real property
mentioned, and "it further appearing that
the plaintiff paid under the said contract
the sums of 500 on the oath OF April,
1885. the sun of 81, 600 on May 4, 1888,
the sum of Sl2, 900 July IA, 1885,"
making a total OF SIS, 79l. So, With
interest, aud it appearing To the
Court that d. d. T. FarnswOrtb, a. b.
| Clark, Henry C.. KoOn, Cyrus Hlnk(e, w.
D. Farnsworth, William II. Westlall, eX-
ecutor, W. II. Mccormick, w. II. Hell
penstine, Ms. Thomas, a. Nj. Smith, J.J.
! Morgan. administrator, ale liable for one
fortieth thereof; each of the above jointly
liable for one fortieth in addition; Nalen-
tine Strader and Philip Roger Jointly tor
one-fortieth; Alfred II. Smith for three
fortieths, John A. Crislip for one and one
half iOrtieths, and l.. 5. 5. Farnsworth for
| four and one-half fortieths, 1t was ordered
that the plaintiff reCOver sums rs follows
from the said defendants, with interest:
From each of the holders Of n Cne-fortleth
interest. 1869. So; from L.. S. S. FarnswOrth,
S2lI437; from John A. Crislip, S704 70;
from Alfred NJ. Smith, 81, 400. 5S; and from
the eleven Joint holders in the One-tortleth
| share the sum of S469. Sc. 1t was further
ordered that the extra sum of $500 paid
by the plaintiff TO ID. ID. I. Farms
worth on November |, 1888, be
recovered from the said Farnsworth and
Phillip Thomas, the said sum of $500,
with interest, making $~7,l57.2O. And 1t
further appearing to the Court that between
the making of the contract in April, 1883,
and December of the same year, plaintiff
expended 1910 in endeayOriDg to obtain
possession of the land sold him, and 1858
for taxes, it's ordered that these sums,
amounting to 81, 503, be refunded by the
| defendants, and in addition it is ordered
that the plaintiff recover his costs.
The defendants d. d. T. Farnsworth and
Phillip Thomas will appeal the cause to
the Supreme Court of the United States,
giving bond in the sum of $4,000.
OTHER BUSINESS.
In the ease of the U. S. V. Annie Geary,
indicted for a violation of the internal rev.
enue laws, there was a verdict of guilty.
Fine of 500 and sentence suspended as to
imprisonment.
In the case Of L. l. Ullum '. Hannah
and Frank Cross, i'll cjectment, leave was
given 10 file an amended declaration, and
the cause was remanded to rules for that
purpose.
The land case of Phillips and others V.
J. L. Smith, in Cbancery, was argued.